LANGUAGE
Last updated: November 14th 2019

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

Secretariat of Health (subject to any cooperative agreement executed with another ministry)
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

Fine amounts would be between 4,000 and 10,000 times the minimum general daily salary prevailing in the particular economic area. Other available penalties under Art. 46 are closure and warnings.

However, neither the law nor regulations assign specific legal duties to the different actors in the manufacture-sale chain, so it is not clear which actor(s) would be held legally responsible for violation of any particular legal provision.

To ensure the law’s enforceability, the law/regulations should impose clear duties of compliance on each entity in the production-sale chain.

Importer

Secretariat of Health (subject to any cooperative agreement executed with another ministry)
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

Fine amounts would be between 4,000 and 10,000 times the minimum general daily salary prevailing in the particular economic area. Other available penalties under Art. 46 are closure and warnings.

However, neither the law nor regulations assign specific legal duties to the different actors in the manufacture-sale chain, so it is not clear which actor(s) would be held legally responsible for violation of any particular legal provision.

To ensure the law’s enforceability, the law/regulations should impose clear duties of compliance on each entity in the production-sale chain.

Wholesaler

Secretariat of Health (subject to any cooperative agreement executed with another ministry)
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

Fine amounts would be between 4,000 and 10,000 times the minimum general daily salary prevailing in the particular economic area. Other available penalties under Art. 46 are closure and warnings.

However, neither the law nor regulations assign specific legal duties to the different actors in the manufacture-sale chain, so it is not clear which actor(s) would be held legally responsible for violation of any particular legal provision.

To ensure the law’s enforceability, the law/regulations should impose clear duties of compliance on each entity in the production-sale chain.

Retailer

Secretariat of Health (subject to any cooperative agreement executed with another ministry)
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

Fine amounts would be between 4,000 and 10,000 times the minimum general daily salary prevailing in the particular economic area. Other available penalties under Art. 46 are closure and warnings.

It is clear that retailers have a legal duty under RGLTC Art. 31 not to cover, distort, or obstruct the visibility of health messages and pictograms on outside packaging and labeling through the use of decals, bags, boxes, covers, or any other artifact. Retailers have specified legal duties under Art. 33 with respect to selling "puro" cigars. Other than these, however, it is not clear for which violations retailers would be held legally responsible and subject to penalty.

To ensure the law’s enforceability, the law/regulations should impose clear duties of compliance on each entity in the production-sale chain.